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XIAOMENG YANG v. AMIRSHOEV

2020-07573. Index No. 521892/17.

208 A.D.3d 1386 (2022)

176 N.Y.S.3d 85

2022 NY Slip Op 05349

Xiaomeng Yang, Appellant, v. Safarali Amirshoev, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 28, 2022.

Attorney(s) appearing for the Case

Morgan Levine Dolan, P.C., New York, NY ( John Collarafi of counsel), for appellant.

Nancy L. Isserlis (The Zweig Law Firm, P.C., Long Island City, NY [ Jonah S. Zweig ], of counsel), for respondent.

Connolly, J.P., Christopher, Ford and Dowling, JJ., concur.

Ordered that the order dated September 14, 2020, is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries she allegedly sustained on April 23, 2016, when she was struck by a motor vehicle owned and operated by the defendant. Thereafter, the defendant moved pursuant to CPLR 3126 to dismiss the complaint for the plaintiff's repeated failure to appear for a deposition as ordered in a preliminary conference order and a compliance...

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